Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Alteration of arrangements for warrant sales

30.—(1) An application under section 35(1) or 36(3)(b) of the Act for variation of a warrant of sale shall be in form 24.

(2) An application to which paragraph (1) of this rule applies shall specify—

(a) the name and address of the applicant, the creditor, the debtor, any person in possession of the poinded article, and the auctioneer or officer of court who is to conduct the sale;

(b) the date of the original warrant of sale;

(c) details of any steps of diligence taken;

(d) the applicant’s proposals for variation and his reasons for seeking such variation;

(e) any release or redemption of a poinded article;

(f) details of any agreement between creditor and debtor to pay the debt by instalments or otherwise and any breach of it;

(g) details of any cancellation of warrant sale; and

(h) any additional powers sought by the applicant in the event of the application being granted.

(3) There shall be produced with such an application the original warrant of sale.

(4) No warrant for service of such an application shall be required.

(5) The notice to be served by the creditor or officer of court under section 35(5)(a) of the Act(1) shall be in form 25.

(6) The creditor or officer of court shall, after effecting service, complete an execution of service and lodge the principal application and original warrant of sale with the sheriff clerk.

(7) Service of the copy application to which paragraph (1) applies may be by recorded delivery post or by officer of court.

(8) A debtor may object to an application to which paragraph (1) of this rule applies by—

(a) completing and returning the appropriate part of form 25 to; or

(b) lodging written objections with,

the sheriff clerk within 7 days after the date of service of the application.

(9) Where a debtor lodges an objection under paragraph (8), the sheriff clerk shall fix a date for a hearing and intimate it to the parties.

(10) Subject to section 35(6) of the Act, if no objection to an application under paragraph (1) of this rule is lodged, the sheriff may dispose of the application without a hearing.

(1)

1987 c. 18